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Essay / Research Paper Abstract
This 7 page paper examines a case supplied by the student where an unmarried couple have been living in a property in the mans name, but on separation the women wants to claim a share. The paper considers the possibility of an inferred constructive trust or the use of estoppel. Numerous cases are cited to support the points raised and provide precedent. The paper is written with reference to English law. The bibliography cites 5 sources.
Page Count:
7 pages (~225 words per page)
File: TS14_TEunmarried.rtf
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Unformatted sample text from the term paper:
Michaels surname, but, despite appearances to others, they are not married. Janet came to live with Michel in his house, so we can assume that her name is not on
the deeds, and gave up full time work to look after the children. Michael paid the household bills, and when Janet returned to work part time her income is used
for food and electrical appliances as well as to decorate the house. Now Janet needs advice regarding any interest she may have in the house. In usual circumstances ownership
of any property is straightforward, it belongs to the individual named on the register. However there are circumstances where it is deemed that one person is holding the property in
trust for the other party. Cases such as Caunce v Caunce [1969] 1 W.L.R 286, and also Kingsworth Financer Co. Ltd v Tizard [1986] 1 W.L.R 783 may be cited
here (Gravells, 1999). The issue here is what rights may be asserted by Janet. We will assume that there is no indication of plans in writing and as such we
are starting from scratch. However, when looking for a written intent it is not only a trust deed that can be consider, but also any letters of intent may be
used to help the case. There are three ways in which this can be considered, the first of these is a resulting trust. If Janet is seen to have
made a contribution to the purchase of the property even if they are not named on the deeds the named owner is deemed to be holding a share for them
on trust in proportion to the level of contribution (Rippson, 1998). However as we have seen, this is not relevant to this case as Janet had moved in with Michael
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